Sanhati

Sanhati Sanhati (www.sanhati.com) is a collective working in solidarity with peoples’ movements in India.

Gen-Z, the Constitutional Path, and the Tiger-Trap Game at Army HQBy Yug PathakAfter the Gen-Z uprising of 9–10 Septembe...
12/09/2025

Gen-Z, the Constitutional Path, and the Tiger-Trap Game at Army HQ

By Yug Pathak

After the Gen-Z uprising of 9–10 September, Nepal has suddenly fallen into a crisis. The pillars of the state: the Parliament, Singha Durbar, the Supreme Court, the Presidential Palace, have been reduced to ashes. Along with the buildings, the institutions have also collapsed. The country is without a government, the streets are under army control, and public life is gripped by fear within the confines of curfew.

It is not only politics. The country’s economic structure has nearly collapsed as well. The thread of mutual trust has snapped; everyone views everyone else with suspicion. Even more terrifying is the fire raging in the social psyche. What is a country, really? Far more than a geographic boundary, it is the collective strength of a people strung together by a thread of shared thought: skill and service, production and trade, leadership and cooperation across every village, town, institution, and organization, and the ceaseless exchange and growth of knowledge and experience. This confluence of processes is what makes a country.

The state was formed to connect and coordinate, on a larger scale, all the small collective efforts of the people. Governing the state therefore means running the country. Just as you cannot clap with one hand, there can be no state without politics. Thus when a government collapses in one blow, the country itself falls into crisis. Mutual trust seems to have snapped, and social life is caught in a vortex of uncertainty. This is precisely the tragedy we are living through now.

To escape this crisis and return to normal life, the political knot must be untied first. In a democracy, political parties shoulder the burden of politics. But the Gen-Z uprising has cornered those parties. The elected Parliament has slipped into a coma overnight. Politics seems suddenly to have been flung into the courtyard of the army.

It is as if a campfire to forge the nation’s political future is burning inside Army Headquarters. News has surfaced of meetings with irrelevant figures like Durga Prasai, an accused in a sedition case and a leader of the recent “restore the king” movement. Suspicions have also arisen of secret meetings with other forces that want to drag society backward. Yet these actors were neither participants in nor fellow travelers of the Gen-Z uprising.

And so the question arises: has the fire lit in the name of the Gen-Z uprising in fact been hurled at democracy itself?

Setting fire to the pillars of democracy, Singha Durbar as the executive, the Parliament building as the legislature, and the Supreme Court as the judiciary, is this not an attempt to set ablaze the federal democratic republic? Has there been an effort, by any means, to fan that fire against the Constitution which guarantees proportional and inclusive rights to marginalized communities, women, Dalits, minorities, Adivasis, Madhesis, Tharus, and others?

The Gen-Z Uprising Agenda

The term “Gen-Z” is on everyone’s lips. But who are Gen-Z? Generation Z, named after the last letter of the English alphabet, is often shortened to Gen-Z and in tech slang rendered as Gen-Zee. This generation is generally defined as those born between 1997 and 2012.

Accustomed to digital technology, mobile phones, social media, and the internet, this generation, so the claim goes, flared up in anger at the government’s decision to shut down social media.

No matter who, from which corner, called for action via TikTok or other active social platforms, the agenda of the Gen-Z movement was anti-corruption, good governance, an end to cronyism and favoritism, and the restoration of social media.

After fresh young people were killed by government bullets, the movement suddenly took the form of a rebellion. In that rebellion, the country’s established political architecture collapsed. The Gen-Z movement had no visible organization, no identifiable leadership, and no clear ideology. Therefore, once the buildings of institutions were reduced to cinders, they had no concrete roadmap in hand for negotiations.

Because the movement’s core agenda concerned policies and procedures, Gen-Z representatives had to accept the philosophy and vision embedded in the current Constitution as their only path. Yet, analyzing the chain of events, it appears the movement has faced, and continues to face, some startling political twists.

Why did B***n, who did not take a single step with the Gen-Z movement and never climbed down from his Facebook wall to knock on people’s doors, instruct protesters immediately after the burning of Singha Durbar to dissolve Parliament and begin talks with the Army Chief? On what ideological basis did he issue these orders?

And then, was not the statement that should have been issued by the President instead released by the Army? In this tragedy, when the President should have addressed the nation to reassure the people, was it not the Army Chief who spoke in her place? If the military offices did not step forward to protect and manage the state’s core organs, how did they suddenly step forward to manage politics? Has a state of emergency been declared? By what authority, absent any lawful process, has the military assumed the right to manage the state?

Gen-Z has always raised issues deeper than just anti-corruption. They are active on Dalit emancipation, aiming to dismantle caste. They fight to break the chains of patriarchy and establish gender equality. They contribute tirelessly to the agenda of freeing minorities and marginalized communities: Janajatis, Adivasis, Madhesis, Tharus, from discrimination and bringing them into the mainstream of the state.

Gen-Z is also engaged with the economic rights of the poor. I have had the chance to meet Gen-Z youth involved in improving agriculture, the primary production system of a society in crisis. They are vocal about amending the Constitution to empower the people further and make the state more people-centric.

However, Gen-Z is present in every household, and it is not unusual for Gen-Z individuals to hold all sorts of views. It is now clear that royalist Gen-Z, the Durga Prasai faction’s Gen-Z, and others who want to turn the Gen-Z uprising into a weapon of counter-revolution have become openly active.

They will not hesitate to use Gen-Z’s virtual meetings as tools to kidnap democracy. Meanwhile, the Army Headquarters “militant den” has not disclosed which Gen-Z representatives it is meeting or what is being discussed. The Gen-Z cohort that consistently works to build a just society and does not simply drift thoughtlessly with the current to spread agitation, those are the genuine claimants to the future. They are the true bearers of the Gen-Z uprising.

The Tiger-Trap Game at Army HQ

As of the time of writing these lines, the President has not been brought out in public. Only a brief statement has been issued in her name, hinting that a solution will be found within the ambit of the Constitution. This was done after widespread demands to bring the President into the open, yet the role of the institution of the Presidency remains confined backstage. Is the Army Headquarters playing a tiger-trap game by keeping the President under undeclared house arrest? This is the most sensitive question the Gen-Z representatives should be raising.

Gen-Z’s representatives also stand in the dock of history. The blood of the martyrs of the movement is still fresh. The injured are in hospitals. The tears of the martyrs’ families have not yet dried, and in the absence of a government, they likely have not even seen a hand bringing a small bouquet of relief and solace to their homes. The cries of innocent people burned alive in the arson set by thugs are still being heard. Their families have not emerged from this tragedy.

The sparks and piles of ash from thousands of burned homes and commercial establishments keep screaming questions. Can answers to all this blood, these tears, and these screams be manufactured by playing tiger-trap campfire games at Army Headquarters? By nature, the military does not speak much. Democracy is a system conducted through public dialogue, and so it does not fit the character of Army Headquarters. Needless to say, the army was not created to do politics; it is an institution maintained with the people’s tax money to provide the state’s security.

At this moment of crisis, it is its duty to take charge of security. Though it failed on the day of the conflagrations, it cannot be forgiven forever. If the state is destroyed, its own existence will also end. Its primary duty is to take the initiative to return the state to constitutional order. Therefore, it cannot go on organizing tiger-trap games while sitting in Army Headquarters.

Finally, Army Headquarters is not and cannot be the arena of democracy. The people cannot practice freedom and sovereignty within the ring of guns. Likewise, Gen-Z representatives cannot practice the sovereignty of the uprising inside Army Headquarters. At this moment, the sovereignty of this uprising is inextricably bound up with the sovereignty of the people as a whole.

The Constitutional Path

A constitution is not just a book. In every letter of the Constitution resides the history of the people’s sacrifices: flecks of dried blood, the sighs of struggle, chapters of pain, strands of dreams, seedbeds of hope, and sketches of the future. It was not created easily, and it will not be easily broken. A constitution is forged by philosophy, and in that philosophy rests the faith of millions. A constitution is not immutable. It can be changed, but only with a higher philosophy, deeper thought, and a superior process.

The present situation is one of governmentlessness, not constitutionlessness. Therefore, in accordance with the constitutional design, the solution must be found through constitutional procedures initiated by the institution of the Presidency. No solution can emerge from the courtyard of that “militant den” at Army Headquarters. Nor has that “den” been given any authority to distribute the posts of Prime Minister and Ministers. In the past, dictatorships and autocracies repeatedly tried to run puppet governments by distributing posts on a platter.

It is precisely such autocratically run institutional corruption and misrule that still torment us. Trapped in the snares of dynasticism, favoritism, and crony policy institutionalized by those autocratic systems, the major parties are now caught in a whirlpool of crisis. And because our development and economic thinking became institutionalized in the hands of those autocracies, public participation and creativity have not taken root in our economic system.

Therefore, those who want to break the Constitution should understand that they will soon have to stand in the dock of history and of the people. If, at the price of these martyrs’ blood, Army Headquarters installs a puppet government and attempts to trample constitutional institutions under the pretext of the uprising, and if Gen-Z representatives rubber-stamp it, that will ignite an even greater rebellion. Hence, the institution of the Presidency must take immediate initiative to find a solution while preserving the Constitution’s core features.

A statement issued in the name of a President kept in a dark room has little meaning. If this is not a coup, then the President must be brought out to the public immediately, and her political initiative should be broadcast live before the people. Politics runs on ideology, not on age. The conspiracies and power-grabs now underway in dark corners are also tugs-of-war of ideology. The only difference is that this ideology is that of counter-revolution, absolutism, and the restoration of autocratic rule.

We must remember: that front seeks to strip Gen-Z, and the three generations living in their very homes, of their rights and freedoms. To defeat that attempt, it is essential to protect the Constitution. The Gen-Z that awoke yesterday must awaken even more today, with clarity of thought.

The time has come for the people to awaken, to move all initiatives for political dialogue and resolution from the courtyard of Army Headquarters back into the courtyard of democracy. The phase of despair and anger is over; the phase of awakening and reconstruction has begun. If the people fail here, history will fail.

A large segment of the economy has been reduced to ashes in the flames. To save the nation’s economy and the morale of society now, it is essential to safeguard the Constitution and politics. In this time when we must gather the dream of a new Nepal from the heaps of ash, we must awaken.

Nepal: 12th September Statement from Broad Citizens’ Movement (बृहत् नागरिक आन्दोलन)We strongly condemn and denounce the...
12/09/2025

Nepal: 12th September Statement from Broad Citizens’ Movement (बृहत् नागरिक आन्दोलन)

We strongly condemn and denounce the unnecessary repression by the state, the display of brutality, and the killings of citizens during the “Gen-Z” movement that began on 9 September in protest against the prevailing anarchy, misgovernance, corruption, and the suppression of freedom of speech through restrictions imposed on social media this month.

We pay our sincere respects to all activists who sacrificed their lives in this movement and extend heartfelt condolences to the bereaved families. We also wish the injured a speedy recovery and demand that they immediately receive all necessary medical treatment free of cost.

A peaceful movement that began with the just and timely demands of an end to corruption, good governance, and freedom of expression has turned violent within a short time. On 10 September it became evident that, due to infiltration by reactionary and counter-revolutionary forces and individuals linked to certain political parties, the situation had descended into chaos and spun out of control.

Equally responsible were organized populist groups, masquerading as “independent”, who incited crowds using social media. The Gen-Z leadership itself has acknowledged these facts. We demand an independent and impartial investigation into both the barbaric repression and the destructive disorder of these two days, and punishment for those responsible.

Following the Prime Minister’s resignation, arson at nearly all key state institutions, and a near-state of statelessness, a situation akin to army-controlled management emerged from 10 p.m. on 10 September. In such a grave national crisis, to restore peace, prevent further destruction of public property, and protect the country from treasonous elements, at a time when other internal security agencies have become ineffective, it is clear to all that the role of the Nepali Army is expected, with full respect for the integrity, dignity, and sovereignty inherent in the Nepali people.

The army’s efforts to ensure security in this difficult time have succeeded in earning the trust and respect of ordinary citizens. However, we are surprised that, instead of the President addressing the nation, such an address came through the Army Chief, and we do not consider this step constitutional. Even so, we believe that the Nepali Army’s current engagement in resolving the crisis will further strengthen democracy and the republic. Therefore, reminding the Nepali Army of its longstanding professional commitments, we firmly state here that, at any cost, the country must be brought out of this crisis under the rule of law and with the supremacy of citizens.

This movement stands upon the foundation of achievements gained through various struggles and sacrifices by the Nepali people throughout Nepal’s history. Therefore, the right solution to the current political crisis is to safeguard the gains achieved so far and move forward toward greater progress. At the same time, we must remain alert and vigilant about the activities of reactionary forces during this crisis.

Even amid this situation, the Gen-Z generation has internalized the fundamental values and principles of democracy and is committed to upholding them. In this context, without harming the fundamental constitutional propositions: namely the democratic republic, secularism, federal structure, and socialism-orientation, established by Nepal’s current Constitution, it is essential that the President, as guardian of the Constitution and with the support of state institutions, take the initiative to resolve the crisis as the representative institution of the Nepali people.

Additionally, since Parliament is the legitimate representative body elected by the Nepali people, we wish to inform the general public that the resolution of this crisis must necessarily come through constitutional procedures.

Signatories:

১. অঙ্কিত খনাল ২. অংশু খনাল, গোর্খা ৩. অনুপমা পৌড়েল ৪. আমিনা সিং ৫. অপেক্ষা পৌড়েল ৬. অস্মিতা ওয়াদী ৭. অবন্তিকা ঘর্তি মাগর, রূপানদেহী ৮. অভিষেক শ্রেষ্ঠ ৯. আমির দর্পণ ১০. অমৃত বিক, বাগ্লুং ১১. অজয় নেপালী, পর্বত ১২. অরুণ উপ্রেতি, কাভরে ১৩. আভা ছেত্রী ১৪. আরতি আচার্য ১৫. আদিত্য রাসাইলী, মুস্তাং ১৬. আয়ুষ কার্কী, ময়াগ্দি ১৭. ইন্দিরা দলি ১৮. ইরা শ্রেষ্ঠা ১৯. উপমা লামা, হেটৌড়া ২০. উমা বুড়াথোকী ২১. ঊষা তিথীক্ষু ২২. এলিসা একলাশ ২৩. কপিল চৌলাগাই ২৪. করুণা পরাজুলি ২৫. কামনা গিরি, দাঙ ২৬. কুমার উপাধ্যায় ২৭. কেশর বিশ্বকর্মা, অছাম ২৮. কৃষ্ণ সুনুয়ার ২৯. খগেন্দ্র সংগ্রৌলা ৩০. গৌরব ভাণ্ডারী ৩১. গুণরাজ সারু মাগর ৩২. গীতা ছেত্রী ৩৩. ঘনশ্যাম অস্তিত্ব ৩৪. ঘনশ্যাম শর্মা পৌড়েল ৩৫. জগন্নাথ লামিছানে ৩৬. জেবি বিশ্বকর্মা ৩৭. জ্যোতিলাল বন ৩৮. জ্বালামুখী লামিছানে ৩৯. ড. মীনা পৌড়েল ৪০. দীনেশ পন্ত, কাঞ্চনপুর ৪১. দীনেশ বি.কে. ৪২. দীপা ধিতাল ৪৩. তিলক বিশ্বকর্মা, রোল্পা ৪৪. তুলসী গান্ধরী গৈরে ৪৫. তুলসী শর্মা, পাল্পা ৪৬. তুলসীদাস মহর্জন ৪৭. ধনা পরিয়ার, দৈলেখ ৪৮. ধর্মরাজ রিমাল ৪৯. নবীন প্রাচীন ৫০. নবীন তিওয়ারী ৫১. নন্দ কুমার প্রসাই ৫২. নারায়ণ ঢকাল ৫৩. নারায়ণ শর্মা ৫৪. নিনু চাপাগাই ৫৬. নীতিকা কঠায়ত, কৈলালী ৫৭. নুমা চেমজোং, মোরং ৫৫. নির্গ নবীন ৫৮. পবন ৫৯. পবিত্র আলে মাগর ৬০. পুষ্কর গৌতম ৬১. পুষ্কর কাফ্লে ৬২. পুনম পাল্পালী, দডেলধুড়া ৬৩. পুষ্প দর্জি ৬৪. পূর্ণ বাহাদুর শাহী ৬৫. পেশল খতিবড়া, ওখলঢুঙ্গা ৬৬. প্রজ্ঞান সুবেদী ৬৭. প্রণিকা কোয়ু ৬৮. প্রণেতা ৬৯. প্রদীপ নেপাল, ওখলঢুঙ্গা ৭০. প্রকাশ দেবকোটা ৭১. প্রতীক কার্কী, খোটাং ৭২. প্রহ্লাদ কুমার ভট্ট ৭৩. ভাবনা ঘিমিরে ৭৪. ভাবনা ক্ষেত্রি তামাং ৭৫. ভূমিকা থারু ৭৬. ভূমিনন্দন দেবকোটা ৭৭. ভোগীরাজ চামলিং ৭৮. মধূসুদন ভূসাল ৭৯. মহাদীপ পোখ্রেল ৮০. মনোজ লোহর ৮১. মিত্রলাল পঙ্গেণী ৮২. মুকুন্দ যোশী ৮৩. মুনা নেপালী ৮৪. মেদিনী খরেল ৮৫. যুগ পাঠক ৮৬. রমেশ নেপালী, সুরখেত ৮৭. রাজেন্দ্র খরেল ৮৮. রাজেশ নেপালী ৮৯. রামমণি পোখ্রেল ৯০. রেণুকা সুর্য ৯১. রোশন তামাং, ধাদিঙ ৯২. রোহিত বাস্তোলা ৯৩. লক্ষ্মী কুমারী কার্কী, পর্বত ৯৪. লক্ষ্মী শ্রেষ্ঠ ৯৫. লীলামণি পোখ্রেল ৯৬. বর্ষা লুয়িন্টেল, কাঠমাণ্ডু ৯৭. বিকাশ কামী ৯৮. বিদুষী ঢুঙ্গেল ৯৯. বিনোদ লোহনী ১০০. বিবিবনা লামিছানে ১০১. বিষ্ণু অধিকারী, গুল্মী ১০২. বিষ্ণু সিরপালী, গুল্মী ১০৩. শান্তি তিওয়ারী ১০৪. শরদ পৌড়েল ১০৫. শরদ ওয়ান্ত ১০৬. শ্রবণ গৌতম, কাঠমাণ্ডু ১০৭. শ্যাম শ্রেষ্ঠা ১০৮.শিশির বিশ্বকর্মা, কাঞ্চনপুর ১০৯. শুশীলা শর্মা ১১০.শশীকলার খাড়কা, তেহথুম ১১১. সংস্কৃতি ১১২. সঞ্জোগ ঠাকুরী ১১৩. সন্ধ্যা রতন, কপিলাবস্তু ১১৪. সন্ধ্যা শ্রেষ্ঠা ১১৫. সন্তোষ ভাণ্ডারী ১১৬. সম্পদা রিজাল ১১৭. সমীর বিক্রম থাপা ১১৮. সরিতা দেবী ভাণ্ডারী, পর্বত ১১৯. সচিন ভুর্তেল, বর্দিয়া ১২০. সবিতা ভট্ট ১২১. সলন বস্নেত, সোলুখুম্বু ১২২. সঞ্জয় গুরুং ১২৩. সন্দেশ পরিয়ার, কাস্কী ১২৪. সপ্না ভুলুন, হেটৌড়া ১২৫. সাগর শিবাকোটী ১২৬. সমশের, ধাদিঙ ১২৭. সায়া কিরণ ১২৮. সৃজনা পুন ও নারীদের জন্য নারী মঞ্চ, জাতীয় নেটওয়ার্ক, নেপাল, কাঠমাণ্ডু ১২৯. সুনীল আচার্য ১৩০. সুমিনা ১৩১. সুবাস বস্নেত ১৩২. সুদন চাপাগাই ১৩৩. সুষমা বরাইলী, পর্বত ১৩৪. সৌগাত ঢকাল, ভোজপুর ১৩৫. হিমাংশু ১৩৬. হিমাল চন্দ্র ১৩৭. হেমরাজ দাহাল ১৩৮. নরহরি আচার্য ১৩৯. রাধেশ্যাম অধিকারী ১৪০. চরণ প্রসাই ১৪১. রাজু চাপাগাই ১৪২. মোহনা অনসারী ১৪৩. ইন্দ্র প্রসাদ আরয়াল ১৪৪. ভাবনা রাই ১৪৫. দুর্গা তিমলসিনা ১৪৬. ভগবতী দাহাল ১৪৭. প্রমেশ পোখ্রেল, গুল্মী ১৪৮.সুশীল নেপালী, সিন্ধুপালচক ১৪৯. আদর্শ ঘতানী ১৫০. প্রকৃতি গিরি, ঝাপা ১৫১. অশেষ ঘিমিরে ১৫২. মিলন রাই ১৫৩. ফুলমতি ১৫৪. বন্ধু বিক্রম ছেত্রী ১৫৫. গোবিন্দ ভাণ্ডারা ১৫৬. দুর্গা খাত্রী ১৫৭. যুবরাজ ভট্টরাই ১৫৮. যাদব দেবকোটা ১৫৯. দিবাকর পোখ্রেল, চিতবন ১৬০. নরেশ গ্যওয়ালী ১৬১. আমোদ নেপাল ১৬২. রমেশ উপাধ্যায় ১৬৩. সুদাম লামিছানে ১৬৪. প্রদীপ নেপাল ১৬৫. রেবেল সন্দীপ ১৬৬. আব্দুল হুসেন খান (কোহলপুর) ১৬৭. ড. শিশির ভাণ্ডারী ১৬৮. অরুণা পরাজুলি

Nepal: Press Note from “Broad Citizens’ Movement” (बृहत् नागरिक आन्दोलन)Let Us Defeat the Counter-Revolution!What is bec...
11/09/2025

Nepal: Press Note from “Broad Citizens’ Movement” (बृहत् नागरिक आन्दोलन)

Let Us Defeat the Counter-Revolution!

What is becoming clear now is that, standing on the corpses of the martyrs of the Gen-Z movement, there is a conspiracy, through army mediation and collaboration, to bring back the monarchy and abolish secularism. This is in no way acceptable to us.

The mandate of the Gen-Z movement, the voices of the martyrs, were not for democracy and secularism to be dismantled, for regression to take place, or for the unconstitutional activism of the army to expand. Defeating this ongoing counter-revolution is the most urgent challenge today.

Agents who infiltrated the Gen-Z movement, who, from the second day onwards, began systematically, with long preparation, to destroy the responsibility, finances, and morale of state institutions and the private sector accountable to citizens, are now sitting in the Army Headquarters, holding talks under the army’s hospitality.

This is terrifying and unacceptable. Such a role for the Nepali Army is deeply regrettable and must be immediately corrected. If even Kathmandu’s Mayor B***n is collaborating with these agents, or encouraging the army to climb onto the heads of citizens, then we will recognize him too as a hero of the counter-revolution. He must consider this immediately and clarify his position.

The Gen-Z brothers and sisters who stand against this counter-revolution and seek support from the broader citizenry must be supported without fear by all citizens. By political, professional, and civic groups in every form of organization. To defeat the counter-revolutionary offensive, the Gen-Z generation may once again have to take to the streets, and we are prepared to take to the streets under their leadership.

In this grave situation, our strongest fortress against the counter-revolution is Nepal’s Constitution of 2016. To remain steadfast on that constitution, and under the guardianship of the President as its protector, is the pathway to the success of the Gen-Z revolution. The new citizen government that will be formed must be grounded firmly on the basis of this constitution, without deviating from the constitutional path, and must move forward with unrelenting vigilance against corruption and irregularities.

The Nepali Army leadership must also deeply understand the weighty responsibility placed upon them by this constitution, and the historic role created by the Gen-Z revolution, and must fulfill their duty, immediately breaking all communications with reactionaries, and ensuring that all future discussions and programs are carried out only with the participation and guardianship of the President.

In the new citizen government that will now be formed, it must be ensured that there is no place for reactionaries. Civil society stands ready to support the Gen-Z generation in every possible way on this matter.

Let us make the Gen-Z revolution a success.
Let us defeat the counter-revolution.
Let us give meaning to the martyrs’ sacrifice.

– “Broad Citizens’ Movement” (बृहत् नागरिक आन्दोलन), 11 September 2025

PUDR Statement: Delhi High Court dismissal of bail of activists On 2 September 2025, the High Court of Delhi in two sepa...
09/09/2025

PUDR Statement: Delhi High Court dismissal of bail of activists

On 2 September 2025, the High Court of Delhi in two separate orders dismissed pleas for bail on behalf of ten persons who stand accused by the Delhi Police of commission of terrorist acts, terror funding and conspiracy to commit terrorist acts in relation to the violence of 22, 23 and 24 February 2020 in which 54 persons were killed and 751 cases registered (First Information Reports, FIR). The ten accused were seeking bail in FIR 59/2020 registered by the Crime Branch and investigated by the Special Cell, Delhi Police.

PUDR’s fact-finding investigation into these incidents of violence in North East Delhi (following the protests and violence of December 2019 to February 2020) drew attention to (1) a constructed narrative by Delhi police to criminalize legitimate and constitutional protests and draw attention away from the violence of the police and right-wing groups, summoning and threatening of persons as part of “investigations”, and (2) the need for independent and fair investigations.

Five years on, the judicial record reflects biased and flawed investigations where the law has been an effective tool to punish.
First, FIR 59/2020 and bail. Eighteen accused face the prospect of a lengthy trial with five chargesheets filed over a period of three years, and a total of 835 witnesses listed as a part of the prosecution case. Charges are yet to be framed. Six accused are on bail.

Three of the accused (Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal) were granted bail by the Delhi High Court on 15 June 2021. In this order, the High Court construed the UAPA strictly and narrowly – as is the principle of statutory interpretation of stringent penal provisions – and first considered whether the allegations in this case fall under the UAPA at all. Do the allegations presented by the investigating agency fall under the definition of a “terrorist act”? The Court held that there was no “specific, particularized, factual allegation” that would make out the ingredients of the offences under UAPA.

This finding of the Court underpinned the ultimate grant of bail as the court then proceeded to consider the case as per regular principles of bail jurisprudence. But, in an appeal by the State against bail granted to Asif Iqbal Tanha and his co-accused, the Supreme Court, first in an interim order and then in the final order, held that the statutory interpretation carried out by the High Court on the application of UAPA may not be relied upon by co-accused in this case or any other matter. The Supreme Court specifically stated that: “The idea was to protect the State against use of the judgment on enunciation of law qua interpretation of the provisions of the UAPA Act in a bail matter”.

As a consequence, unlike the three co-accused granted bail, the accused now before the High Court in its 2 September 2025 judgment could not seek a similar analysis and findings. Therefore, the High Court was barred from addressing the fundamental question of whether the UAPA ought to have been invoked in the first place for anti-CAA protests.

Yet, no such bar applied to the State on the question of delay in trial. The State argued before the Delhi High Court that the instant case was not a “regular protest/riot matter” and that therefore the stringent provisions for bail under UAPA may not be diluted due to delay as has been held by the Supreme Court.

In earlier cases such as three-judge bench Supreme Court decision titled Union of India v. KA Najeeb (2021), the court held that: “Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge them on bail”. This dictum of the court is founded on Article 21 of the Constitution and the right to accused to a speedy trial.

In this present case however, the Delhi High Court in its order notes the argument of the State on the “magnitude” of the incident, and the “earnest” efforts of the State (based apparently on the large number of chargesheet pages) and holds that therefore the trial must proceed “naturally” and not in a “hurried” manner. Therefore, even though the Court was barred from questioning the invocation of UAPA for a protest by the Supreme Court, the Court was persuaded to view lengthy and delayed proceedings as natural because of the “magnitude” of the case.

In doing so, the Delhi High Court does not appear to have followed the clear dictum by the Supreme Court in KA Najeeb. Consequently, and relying on protected witness statements, delayed statements and the Supreme Court jurisprudence on limited scope of analysis of the evidence, the bail pleas were dismissed.

Second, the 2 September 2025 order may be seen in the larger context of these cases where as per reports (https://www.bbc.com/news/articles/c757zl67n7wo), 80% of the completed cases (126) have resulted in acquittal or discharge of the accused. Witnesses have turned hostile, police witnesses have not been found credible by the courts and the failure of the investigating agencies have been highlighted.

Therefore, the initial concern of PUDR and other civil society organisations in 2020 that the police were carrying out biased and flawed investigations to create a narrative of criminality appears to be borne out by the judicial record. It is the same police that has now secured a victory through the recent Delhi High Court order dismissing the bails and ensured continued custody of the accused.

The 2 September 2025 Delhi High Court order seriously disadvantages the accused in custody in FIR 59/2020 and other accused held under UAPA as the State seeks to further limit the rights of the accused to challenge the invocation of UAPA at the first instance AND the power of the Courts to assert the rights of the accused to a speedy trial.

The position of the State is this: the courts while considering bail will not question the application of UAPA – whether in its invocation to protests or in its practice with slow trials. The accused are condemned to prolonged incarceration and neither the slow pace of the trial NOR the improper application of a law such as UAPA is to be considered by the court. This is a strong assertion against the primacy of Article 21 of the Constitution noted in KA Najeeb. On 2 September, the Delhi High Court agreed in a concerning judicial order.

Paramjeet Singh and Harish Dhawan
(Secretaries)

Mother: Banesa Begum, Assam Detention Camp“How old are you, Ma?”, I asked while writing out a prescription.“What else? M...
31/08/2025

Mother: Banesa Begum, Assam Detention Camp

“How old are you, Ma?”, I asked while writing out a prescription.
“What else? Must be thirty-five at least!”

Startled, I looked up at the patient. Sitting beside her, her 48-year-old son laughed. He gently scolded his mother and told me, “Please write sixty-five.”

There was not the slightest ripple on the mother’s face. For her, the difference between thirty-five and sixty-five meant nothing.

And why would she know? She never went to school. Born into a poor rural family with many siblings, she was the youngest. By twelve or thirteen, her father had “sent her across,” as though crossing a river, married off quickly. For her, life meant cooking for the household and giving birth to children.

She never thought there could be any work outside of that. Such matters, she believed, were for men. In childhood her father, in youth her husband, in old age her son. Thus, the difference between thirty-five and sixty-five was never something she needed to grasp.

This mother, who in the evenings at the tulsi altar or with the name of Allah on her lips, never wished for anything other than the well-being of her children and the world…this mother has now been dragged into the dock by the state. The state tells her: prove that your dead father and dead mother were indeed your parents. If you cannot, go to the detention camp.

How will she prove it? Show a birth certificate, they say. But she was born in 1964. The Registration of Births and Deaths Act in India was only enacted in 1969, and only implemented gradually between 1978 and 1980. How can someone born before 1980 produce a birth certificate? And a school leaving certificate?

After independence, how many girls did you educate?

O voter-babu, you understand so much, but not this? Do all of your mothers have birth certificates? Or school leaving certificates? Do all of your mothers know the difference between the ages of 35 and 65?

Then, when in 2003, in both the Lok Sabha and Rajya Sabha, MPs from all parties raised their hands in support of the Citizenship Amendment that signed away the citizenship of millions, did you not remember the faces of your own mothers?

But enough of this. Digging into the past helps little. Once, dawn used to wake people up. Now, it is only when people awaken that dawn arrives. We wait. When will the people awaken?

Let us return to the story of Banesa Begum.

Born in Salchapra. Now residing in Udharbond, Cachar district, Assam. In 2018, she was 56 years old. Her husband’s name: Batu Miah. To fight her case, she submitted her marriage certificate, the 2005 voter list, her ration card, as well as her father Junaid Ali’s name in the 1966 voter list with legacy code.

Yet, simply for not being able to produce a birth certificate, Banesa was thrown into a detention camp. Not once did anyone pause to think: if both her father and mother were Indian citizens, how could their daughter possibly be a foreigner?

Her helpless husband Batu Miah wept bitterly. Whoever he met, he clutched their hands and feet. At home, he had to leave behind their younger daughter, still in class eight, in order to go out to work. His health worsened by the day. Blood passed with his stool and urine. He could not afford to see a doctor.

Sometimes, he would take the girl with him to Silchar Detention Camp, just to see his wife once. Even for that glimpse, he had to pay a bribe of 50 rupees, which he could hardly ever manage.

Eventually, he sold his livestock, mortgaged his house, and made his way to the High Court. The case went on. In 2018, the judge ordered that Banesa Begum should not be arrested and not be deported to Bangladesh until a final order was issued. Yet Banesa had already long been arrested and was living in the detention camp. The expensive High Court lawyer was so “busy” that even after this order, he could not secure her release.

In the end, it was the wave of COVID that arrived like a blessing. On 15 May 2020, Banesa was quietly released because of the pandemic, something her husband’s desperate efforts had not achieved.

Writing this, my hands grow numb. I lose control over myself.

(This note was written by a comrade, based on “The Burning Record of Citizenship Deprivation in Assam” by Kamal Chakraborty)

Address

Kolkata

Alerts

Be the first to know and let us send you an email when Sanhati posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Sanhati:

Share

Category